Jaker Ahamad Gaffarsab Shaikh v. The State Of Maharashtra

2024:BHC-AUG:12294 940-BA-454-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 454 OF 2024 JAKER AHAMAD GAFFARSAB SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ajinkya Reddy APP for Respondent : Mr. S. M. Ganachari ...

CORAM : S. G. MEHARE, J.

DATE : 28-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.423 of 2023 registered with Ausa Police Station, Taluka Ausa, District Latur, for the offences punishable under Sections 302, 120B and 404 read with Section 34 of the Indian Penal Code.

3.

It is a case of murder out of illicit relationship of the wife of deceased with the co-accused. The report was lodged against unknown persons. The prosecution case is based upon circumstantial evidence. The prosecution could not collect the evidence against the applicant at this juncture, except the statement of the co-accused. It has been alleged against the applicant that he arranged to hire co-accused Sahil on payment of

940-BA-454-24.odt money to kill the deceased. Examining the papers placed before the Court, the Court is of the view that the material collected against the applicant is not sufficient to keep him behind bar. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant Jaker Ahamad Gaffarsab Shaikh be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd